Sea Fish Industry Act 1970

26 Offences against Part I

(1) A person guilty of an offence against this Part of this Act for which no fine is provided by the foregoing provisions thereof shall, subject to the following provisions of this section, be liable on summary conviction to a fine not exceeding £25 or, if he has been previously convicted of the like offence, to a fine not exceeding £100.

(2) Subject to the following provisions of this section, the expression " the like offence " in subsection (1) above—

(a) in relation to an offence under section 6 or section 9 of this Act means any offence under that section;

(b) in relation to a contravention of a scheme, means any contravention of that scheme or of a scheme amended by or amending that scheme or re-enacted by or re-enacting it (with or without modifications).

(3) Subject as aforesaid, where a person is convicted of any offence punishable under subsection (1) above, he shall, in addition to the fine mentioned in that subsection, be liable—

(a) if the offence was committed in relation to any white fish, to a fine not exceeding the value of that fish ; and

(b) if the offence was using a vessel in contravention of section 9(1) of this Act, to a fine not exceeding the value of the fish caught or transported by the vessel, or (as the case may be) the value of the products of the fish processed thereon or of the products transported thereby, while the vessel was so used,

but if it appears to the court that the person convicted is the owner of the fish the court may instead of imposing a fine under this subsection order the fish to be forfeited.

(4) Subject as aforesaid, where an offence against this Part of this Act is continued after a person has been convicted therefor, that person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding the following amount, that is to say, for every day on which the offence is so continued one-fifth of the maximum fine to which he was liable on the earlier conviction (disregarding any additional fine to which he was liable under subsection (3) above.

(5) Regulations under section 6(1) of this Act or a scheme may modify subsections (1) to (4) above in relation to offences under any provision of the regulations or scheme—

(a) by reducing the maximum amount of any fine ;

(b) by excluding subsection (3) above ;

(c) by limiting the meaning of the expression " the like offence " in subsection (1) above.

(6) Summary proceedings for an offence against this Part of this Act which is alleged to have been committed at sea may be taken before the court having jurisdiction in any place where the person charged may be found.